This Ordinance represents Chapter 19 of the Code of General Ordinances of the City of Beloit. The official title of Chapter 19 is the "Zoning Ordinance of the City of Beloit, Wisconsin," although it may be referred to herein as the "zoning ordinance" or simply as "this chapter."

This chapter is adopted pursuant to the powers granted and limitations imposed by the Constitution and laws of the State of Wisconsin and other provisions of Wisconsin statutory and common law that are relevant and appropriate, including Chs. 62 and 66, Wis. Stats.

This chapter shall apply to all land within the City of Beloit. All structures and land uses constructed or commenced after September 26, 2001, and all enlargements of, additions to, changes in and relocations of existing structures and uses occurring after September 26, 2001, shall be subject to this chapter.

1.4.1

VIOLATIONS CONTINUE. Any violation of the previous zoning ordinance of the City shall continue to be a violation under this chapter and shall be subject to penalties and enforcement under Article X unless the use, development, construction or other activity is consistent with the express terms of this chapter, in which case enforcement action shall cease, except to the extent of collecting penalties for violations that occurred before September 26, 2001. The adoption of this chapter shall not affect nor prevent any pending or future prosecution of, or action to abate, violations of the previous City of Beloit Zoning Ordinance, which occurred prior to September 26, 2001.

1.4.2

APPLICATIONS SUBMITTED BEFORE SEPTEMBER 26, 2001. Any building or development for which a complete application was submitted to the City before September 26, 2001, and pending approval on September 26, 2001, may, at the applicant's option, be reviewed wholly under the terms of the City's previous zoning regulations. If approved, such projects may be carried out in accordance with the development standards in effect at the time of application. Any reapplication for an expired permit shall meet the standards in effect at the time of reapplication.

1.4.3

PERMITS ISSUED BEFORE SEPTEMBER 26, 2001. Any building or development for which a permit was duly issued before September 26, 2001, may be completed in conformance with the issued permit and other applicable permits and conditions, even if such building or development does not fully comply with provisions of this chapter. If construction is not commenced or completed in accordance with the applicable permit terms, the City Council may, for good cause shown, grant not more than one extension of up to 6 months for such construction. If the building is not completed in a timely manner, within the time allowed under the original permit or any extension granted, then the building or development may be constructed, completed or occupied only in strict compliance with the requirements of this chapter.

1.4.4

ZONING DISTRICT CONVERSIONS. The zoning district names in effect before September 26, 2001 are converted as follows:

The standards of this chapter are minimum requirements. The issuance of any permit, certificate or approval in accordance with the standards and requirements of this chapter shall not relieve the recipient of such permit, certificate or approval from the responsibility of complying with all other applicable requirements of any other City, County, State or Federal agency having jurisdiction over the structures or land uses for which the permit, certificate or approval was issued.

This chapter is intended to protect the public health, safety, morals, comfort, convenience, and general welfare of existing and future residents of the City by:

1.6.1

Relieving and reducing congestion in the streets;

1.6.2

Avoiding undue concentrations of population;

1.6.3

Preventing the overcrowding of land, thereby ensuring proper living and working conditions and preventing blight;

1.6.4

Establishing adequate standards for the provisions of light, air, and open spaces;

1.6.5

Facilitating the provision of adequate transportation, and of other public requirements and services such as water, sewerage, emergency services, schools, and parks;

1.6.6

Zoning all properties with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City;

1.6.7

Protecting residential, commercial, and manufacturing areas alike from harmful encroachment by incompatible uses and ensuring that land allocated to a class of uses shall not be usurped by other inappropriate uses;

1.6.8

Avoiding the inappropriate development of lands and provide for adequate drainage, curbing of erosion, and reduction of flood damage;

1.6.9

Fixing reasonable standards to which buildings and structures shall conform;

1.6.10

Preventing additions to and alterations or remodeling of, existing buildings or structures that would not comply with standards of this chapter;

1.6.11

Fostering a rational land use pattern;

1.6.12

Isolating or controlling the location of unavoidable nuisance-producing uses;

1.6.13

Defining the powers and duties of review and decision-making bodies under this chapter; and

1.6.14

Prescribing penalties for violations of this chapter.

Commentaries are included in this chapter whenever necessary to clarify the intent of a specific provision. These commentaries are a guide for administrative officials and the public to use in interpreting and understanding the regulations of this chapter.

1.8.1

CONFLICT WITH STATE OR FEDERAL REGULATIONS. If the provisions of this chapter are inconsistent with those of the state or federal government, the more restrictive provision will control, to the extent permitted by law.

1.8.2

CONFLICT WITH OTHER CITY REGULATIONS. If the provisions of this chapter are inconsistent with one another, or if they conflict with provisions found in other adopted ordinances or regulations of the City, the more restrictive provision will control.

1.8.3

CONFLICT WITH PRIVATE AGREEMENTS AND COVENANTS. This chapter is not intended to abrogate, annul, or otherwise interfere with any easement, covenant, or other private agreement or legal relationship. The City is responsible for enforcing this chapter; it does not enforce private agreements.

1.9.1

If any court of competent jurisdiction rules any provision of this chapter invalid, that ruling shall not affect any provision of this chapter not expressly included in the judgment.

1.9.2

If any court of competent jurisdiction rules invalid the application of any provision of this chapter to a particular property, building, or other structure, or use, that ruling shall not affect the application of provisions of this chapter to any property, building, other structure, or use not expressly included in the judgment.